01. September 2023 Income tax on transfer of assets following dissolution of US ... The tax court of Muenster decided that the income from a dissolution of two US trusts be taxed as investment income in the hands of the beneficiary, except for income which accrued prior to 9 December 2010 (by protection of legitimate expectations). Kategorien: Tax CourtSchlagwörter: Liquidation, trust
26. September 2022 Attribution of taxable income in fiduciary cases The Supreme Tax Court decided in the specific case of a Contractual Trust Arrangement that a fiduciary relationship within the meaning of Section 39 (2) No. 1 Sentence 2 of the German Fiscal Code which is recognized for tax purposes may still exist after insolvency proceedings were initiated over the assets of the trustor. Kategorien: Supreme Tax Court casesSchlagwörter: trust, fiduciary
26. März 2022 No claim for refund of withholding tax for Canadian pension ... The Regional Tax Court of Munich rendered its final decision in the case of the College Pension Plan of British Columbia which is a pension fund in the legal form of a trust under Canadian law. The court held that the pension fund is not entitled to relief from withholding tax on dividends from domestic portfolio holdings. The court saw no violation of the free movement of capital. This judgment was preceded by a decision of the European Court of Justice (ECJ) as a result of a preliminary request submitted by the Munich tax court. Kategorien: Tax CourtSchlagwörter: withholding tax refund, canadian pension ...
